Marginal note:Newfoundland

15. (1) Notwithstanding any requirement in the Criminal Code or under the Youth Criminal Justice Act that a person be sentenced, committed or transferred to penitentiary, such a person in the Province of Newfoundland shall not be received in a penitentiary without the approval of an officer designated by the Lieutenant Governor of Newfoundland.

Marginal note:Idem

(2) A person who, pursuant to subsection (1), is not received in a penitentiary shall be confined in the provincial correctional facility in Newfoundland known as Her Majesty’s Penitentiary, and is subject to all the statutes, regulations and rules applicable in that facility.

Marginal note:Agreement re cost

(3) The Minister may, with the approval of the Governor in Council, enter into an agreement with the Province of Newfoundland providing for the payment to the Province of the cost of maintaining persons who are confined pursuant to subsection (2).

Correctional Plans

Marginal note:Objectives for offender’s behaviour

15.1 (1) The institutional head shall cause a correctional plan to be developed in consultation with the offender as soon as practicable after their reception in a penitentiary. The plan is to contain, among others, the following:

(a) the level of intervention in respect of the offender’s needs; and

(b) objectives for

(i) the offender’s behaviour, including

(A) to conduct themselves in a manner that demonstrates respect for other persons and property,

(B) to obey penitentiary rules and respect the conditions governing their conditional release, if any,

(ii) their participation in programs, and

(iii) the meeting of their court-ordered obligations, including restitution to victims or child support.

Marginal note:Maintenance of plan

(2) The plan is to be maintained in consultation with the offender in order to ensure that they receive the most effective programs at the appropriate time in their sentence to rehabilitate them and prepare them for reintegration into the community, on release, as a law-abiding citizen.

Marginal note:Progress towards meeting objectives

(3) In making decisions on program selection for — or the transfer or conditional release of — an inmate, the Service shall take into account the offender’s progress towards meeting the objectives of their correctional plan.

2012, c. 1, s. 55.

Marginal note:Incentive measures

15.2 The Commissioner may provide offenders with incentives to encourage them to make progress towards meeting the objectives of their correctional plans.